52780 Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations 

telecommunications network. With 

access to the same advanced 

telecommunications networks of its 

urban counterparts, especially 

broadband networks designed to 

accommodate distance learning, 

telework and telemedicine, rural 

America will see improving educational 

opportunities, health care, economies, 

safety and security, and ultimately 

higher employment. Of particular 

concern to the Agency are communities 

where broadband service is not 

available and where population 

densities are such that the cost of 

deployment to them is high and buildout of infrastructure is unlikely. The 

Agency is committed to ensuring rural 

communities will have access to 

affordable, reliable, advanced 

communications services, comparable to 

those available throughout the rest of 

the United States, to provide a healthy, 

safe and prosperous place to live and 

work. The Community Connect Grant 

Program was started as a Pilot Program 

with the Fiscal Year 2002 budget and 

has been funded ever since through the 

appropriations process. After 

administering the program as a pilot 

program for two years, the Agency 

proposed rules for the program, and on 

July 28, 2004, the current rules were 

published, and the program was 

formally implemented. Since then more 

than 670 requests for grant funds 

totaling over $410 million were 

requested through Fiscal Year 2006. Of 

those requests, 129 were granted for $57 

million to bring broadband service to 

129 communities in 26 states and Puerto 

Rico. While the Agency is proud of the 

results achieved in the Community 

Connect Grant Program thus far, it 

believes that the overall effectiveness of 

the program can be improved by 

modifying the existing rules. Through 

these changes, the Agency is increasing 

eligibility criteria to include 

communities that clearly meet the intent 

of the program. Specifically, this rule 

will: (1) Add the Rand McNally Atlas as 

a community locator; (2) change the 

income measure for eligibility from a 

national comparison to a state 

comparison; and (3) clarify the items 

that are eligible to be considered as 

operating expenses. 

Confirmation of Effective Date 

This is to confirm the effective date of 

September 17, 2007, for the direct final 

rule 7 CFR 1739, Community Connect 

Grant Program, published in the Federal 

Register on August 3, 2007. 

Dated: September 11, 2007. 

James M. Andrew, 

Administrator, Rural Utilities Service. 

[FR Doc. E7–18272 Filed 9–14–07; 8:45 am] 

BILLING CODE 3410–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 103, 178, and 181 

[USCBP–2006–0090; CBP Dec. 07–76] 

RIN 1505–AB58 

NAFTA: Merchandise Processing Fee 

Exemption and Technical Corrections 

AGENCIES: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(CBP) regulations to clarify that, in order 

to claim the exemption from the 

merchandise processing fee (MPF) for 

merchandise that is considered 

‘‘originating’’ and qualifies to be marked 

as products of Canada or Mexico under 

the provisions of the NAFTA, an 

importer is subject to the same 

declaration requirement that is 

established for obtaining NAFTA duty 

preference, even if the merchandise is 

unconditionally free. In addition, this 

document amends the regulations to 

clarify that a Certificate of Origin is not 

required for a commercial importation 

for which the total value of originating 

goods does not exceed $2,500. Lastly, 

this document remedies two incorrect 

addresses and an incorrect Code of 

Federal Regulations citation, and 

incorporates non-substantive 

amendments to certain sections in the 

regulations to reflect the nomenclature 

changes effected by the transfer of CBP 

to the Department of Homeland Security 

and the reorganization of certain offices 

in CBP pursuant to the ‘‘Security and 

Accountability for Every Port Act of 

2006’’ (or the ‘‘Safe Port Act’’), as well 

as certain other minor editorial changes. 

DATES: Effective Date: The amendments 

set forth in this document are effective 

on October 17, 2007. 

FOR FURTHER INFORMATION CONTACT: Seth 

Mazze, Trade Agreements Branch, 

Office of International Trade, (202) 344–

2634. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 17, 1992, the United 

States, Canada, and Mexico entered into 

the North American Free-Trade 

Agreement (NAFTA). The stated 

objectives of the NAFTA include the 

elimination of barriers to trade in, and 

the facilitation of the cross-border 

movement of, goods and services 

between the territories of the countries. 

The provisions of the NAFTA were 

adopted by the United States with the 

enactment of the North American Free 

Trade Agreement Implementation Act 

(the ‘‘Act’’, 19 U.S.C. 3301–3473). On 

September 6, 1995, U.S. Customs and 

Border Protection (CBP) published 

Treasury Decision (T.D.) 95–68 (North 

American Free Trade Agreement) in the 

Federal Register (60 FR 46333), 

adopting amendments to the regulations 

in title 19 of the Code of Federal 

Regulations (CFR) in order to implement 

customs-related aspects of the NAFTA. 

The final rule went into effect on 

October 1, 1995. 

Pursuant to sections 403(1) and 411 of 

the Homeland Security Act of 2002, 

Pub. L. 107–296 (the ‘‘HSA’’), the 

United States Customs Service and 

certain of its functions were transferred 

from the Department of the Treasury to 

the Department of Homeland Security 

effective March 1, 2003. In addition, 

pursuant to section 1502 of the HSA, the 

‘‘Customs Service’’ was renamed as the 

‘‘Bureau of Customs and Border 

Protection.’’ Subsequently, on April 23, 

2007, a Notice was published in the 

Federal Register (72 FR 20131) to 

inform the public that the name of the 

Bureau of Customs and Border 

Protection had been changed by the 

Department of Homeland Security to 

‘‘U.S. Customs and Border Protection 

(CBP)’’, effective March 31, 2007. 

On August 23, 2006, a Notice of 

Proposed Rulemaking was published in 

the Federal Register (71 FR 49391; the 

NPRM) by CBP that proposed to amend 

the regulations to clarify the 

requirements for claiming the 

merchandise processing fee (MPF) 

under the NAFTA and to effect several 

technical changes, as set forth below. 

Merchandise Processing Fee (MPF) 

Exemption 

As a means of recouping 

administrative expenses for the 

processing of imported shipments, CBP 

charges a MPF, as provided for in 19 

U.S.C. 58c. However, under 19 U.S.C. 

58c(b)(10)(B), for goods qualifying under 

the rules of origin set out in 19 U.S.C. 

3332, the fee may not be charged with 

respect to goods that qualify to be 

marked as goods of Canada or of Mexico 

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Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations 52781 

(pursuant to Annex 311 of the NAFTA). 

In order to make a claim for NAFTA 

duty preference, an importer must make 

a declaration. The same declaration is 

also used for purposes of claiming the 

MPF exemption. That is, the importer 

must place the appropriate special 

program indicator (e.g., ‘‘CA’’ for goods 

of Canada and ‘‘MX’’ for goods of 

Mexico) opposite the good on the entry 

form, or in the appropriate location in 

an electronic filing. 

The NPRM addressed situations in 

which an importer of an originating 

good does not have a duty preference 

incentive to make the required NAFTA 

declaration upon entry because the 

Normal Trade Relations rate of duty on 

the good is free (i.e., the good is 

unconditionally duty free). Consistent 

with existing law and practice, the 

NPRM proposed to amend 19 CFR 

181.21(a) to clarify that in order to claim 

the MPF exemption for unconditionally 

free goods from a NAFTA country, an 

importer of an originating good must 

place the appropriate special program 

indicator opposite the good on the entry 

form even if the importer is not actually 

claiming NAFTA preference for duty 

purposes. 

Exemption From Providing Certificate of 

Origin 

Section 181.22(b) of title 19, CFR (19 

CFR 181.22(b)), requires an importer 

who claims preferential tariff treatment 

on a good under 19 CFR 181.21 to 

provide, at the request of the port 

director, a copy of each Certificate of 

Origin pertaining to the good which is 

in the possession of the importer. 

However, certain importations are 

exempted from this requirement under 

19 CFR 181.22(d). One of these 

exemptions, set forth in 

§ 181.22(d)(1)(iii), is for a commercial 

importation of a good whose value does 

not exceed $2,500, as long as a signed 

statement is attached to the invoice or 

other documents accompanying the 

shipment. 

In the NPRM, CBP proposed to amend 

the regulations to clarify that the $2,500 

value refers to the total value of a 

shipment and not to the value of the 

individual goods in a shipment. In this 

regard, CBP specifically proposed to 

amend 19 CFR 181.22(d)(1)(iii) in order 

to clarify that a Certificate of Origin is 

not required for a commercial 

importation consisting of originating 

goods, the total value of which does not 

exceed $2,500, if the required statement 

is attached. 

Other Technical Corrections 

In the NPRM, CBP also proposed to 

make several other technical corrections 

to the regulations. In CBP Dec. 05–32, 

an Interim Rule published in the 

Federal Register (70 FR 58009) on 

October 5, 2005, CBP redesignated 19 

CFR 12.132 as § 102.25. However, there 

is a reference to § 12.132 in § 181.21(a). 

Accordingly, CBP proposed to make a 

minor conforming amendment to update 

this reference. In addition, because CBP 

Dec. 05–32 removed the declaration 

requirement referenced in §§ 12.130(c) 

and 12.132, CBP proposed to remove the 

entries for these sections in the list of 

OMB control numbers in § 178.2. CBP 

also proposed to amend an incorrect 

citation to 19 CFR 181.72(a)(2)(iii) in 19 

CFR 181.74(a). The correct citation is to 

§ 181.72(a)(3)(iii). In addition, CBP 

proposed to amend the address in 19 

CFR 181.74(e) for providing notification 

when the Canadian or Mexican customs 

administrations intend to conduct a 

NAFTA verification visit in the United 

States in order to determine whether a 

good imported into the United States 

qualifies as an originating good. Since 

the publication of the NPRM on August 

23, 2006, some divisions, functions, and 

personnel from the Office of Field 

Operations were transferred by the 

Commissioner of CBP into the Office of 

International Trade pursuant to the 

authority under section 402 of the Safe 

Port Act (Pub. L. 109–347) (October 13, 

2006). The correct address is: ‘‘U.S. 

Customs and Border Protection, Office 

of International Trade, Commercial 

Targeting and Enforcement, 1300 

Pennsylvania Ave. NW., Washington, 

DC 20229.’’ CBP also proposed to 

amend the National Commodity 

Specialist Division (NCSD) address in 

19 CFR 181.93(a) for purposes of 

submitting advance ruling requests 

under the NAFTA. The correct address 

is: ‘‘National Commodity Specialist 

Division, U.S. Customs and Border 

Protection, One Penn Plaza, 10th Floor, 

New York, NY 10119.’’ This address is 

also corrected in the list of public 

reading rooms in 19 CFR 103.1. In 

addition, CBP is expanding the 

declaration and other documentation on 

a claim for preferential treatment in 

§ 181.21 to include electronic versions 

of such documents in CBP’s continuing 

effort to modernize its procedures under 

the authority granted by Customs 

Modernization provisions in the North 

American Free Trade Agreement 

Implementation Act (commonly referred 

to as the ‘‘Customs Mod Act’’), Pub. L. 

103–182, 107 Stat. 2057, 2170 

(December 8, 1993). 

Comments were solicited on the 

Notice of Proposed Rulemaking. The 

comment period closed on October 23, 

2006. 

Discussion of Comments 

One comment was received in 

response to the solicitation and a 

description of the comment received 

and CBP’s analysis are set forth below. 

Comment 

The commenter, a Canadian 

manufacturer, stated that changing the 

MPF requirements would only increase 

the costs associated with importing 

goods into the United States and result 

in delays during importation. The 

commenter further noted that additional 

documentary requirements would 

increase administrative costs for CBP as 

well as for importers and brokers, and 

would ultimately result in less money 

being recouped. In addition, the 

commenter suggested that fees should 

be based strictly on the country of origin 

as declared and that routine audits and 

requests for information should be 

relied upon to monitor importers that do 

not follow the guidelines. 

CBP’s Response 

CBP is not changing the requirements 

for claiming the MPF exemption. 

Rather, consistent with existing law and 

practice, CBP is merely clarifying that 

an importer is subject to the same 

declaration requirement that is 

established for claiming NAFTA duty 

preference in order to claim the 

exemption of the MPF for goods that are 

eligible for preferential duty treatment 

under the NAFTA. As a clarification of 

existing law and practice, CBP believes 

that the amended regulation will serve 

to facilitate entry by providing certainty 

under the stated circumstances and will 

not result in either increased costs or 

delays during importation. With respect 

to the commenter’s suggestion that the 

MPF should be based strictly on the 

country of origin of imported 

merchandise, it is CBP’s position that 

this approach is not consistent with 

existing statutory law and is outside the 

scope of this rulemaking. 

No comments were received regarding 

the other amendments proposed in the 

NPRM. 

Conclusion 

After review of the comment and 

further consideration, CBP has decided 

to adopt the proposed rule published on 

August 23, 2006, without substantive 

changes, but with the additional 

modifications set forth below. 

Additional Changes to the Regulations 

The final regulations incorporate nonsubstantive amendments to §§ 181.21, 

181.22, 181.74, and 181.93 of the CFR 

to reflect the nomenclature changes 

effected by the transfer of CBP to the 

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52782 Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations 

Department of Homeland Security and 

the subsequent change of name in the 

Federal Register notice of April 23, 

2007. As discussed above, the final 

regulation also reflects the 

reorganization of CBP by the Safe Port 

Act with the creation of the new Office 

of International Trade by updating the 

address and new office in 19 CFR 

181.74(e). In addition, the language of 

§ 181.21(a) has been edited to replace 

‘‘shall’’ with ‘‘must.’’ In an effort to 

reflect the modernization of procedures 

under the Customs Mod Act, § 181.21(a) 

has also been edited by replacing the 

reference to ‘‘written declaration’’ with 

reference to ‘‘formal declaration’’ and a 

reference to ‘‘electronic submissions’’

has been added to the second sentence. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule is not considered to be a 

significant regulatory action under 

Executive Order 12866. Accordingly, a 

regulatory assessment is not required. 

It is certified, pursuant to the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), that the 

regulatory amendments set forth in this 

final rule will not have a significant 

economic impact on a substantial 

number of small entities. The rule 

merely clarifies that, consistent with 

existing law and CBP practice, an 

importer is subject to the same 

declaration requirement that is 

established for claiming NAFTA duty 

preference in order to claim the 

exemption of the MPF for goods that are 

eligible for preferential duty treatment 

under the NAFTA. CBP is also 

clarifying, consistent with current CBP 

practice, that a Certificate of Origin is 

not required for a commercial 

importation consisting of originating 

goods, the total value of which does not 

exceed $2,500, if the required statement 

is attached. Lastly, this document 

remedies two incorrect addresses and an 

incorrect Code of Federal Regulations 

citation, and incorporates nonsubstantive amendments to certain 

sections in the regulations to reflect the 

nomenclature changes effected by the 

transfer of CBP to the Department of 

Homeland Security and the 

reorganization of certain offices in CBP 

by the Safe Port Act as well as certain 

other minor editorial changes. 

Paperwork Reduction Act 

Because the changes with possible 

paperwork implications set forth in this 

document are merely clarifications of 

existing requirements, there is no need 

to amend the paperwork burden for the 

number previously approved by OMB 

for part 181 of 19 CFR. The clearance 

number for part 181 is 1651–0098. 

Signing Authority 

This document is being issued in 

accordance with § 0.1(a)(1) of the CBP 

regulations (19 CFR 0.1(a)(1)) pertaining 

to the authority of the Secretary of the 

Treasury (or his/her delegate) to 

approve regulations related to certain 

customs revenue functions. 

List of Subjects 

19 CFR Part 103 

Administrative practice and 

procedure, Freedom of information. 

19 CFR Part 178 

Collections of information, Paperwork 

requirements, Reporting and 

recordkeeping requirements. 

19 CFR Part 181 

Canada, Customs duties and 

inspection, Imports, Mexico, Trade 

agreements (North American Free-Trade 

Agreement). 

Amendments to the CBP Regulations 

■ For the reasons set forth above, parts 

103, 178, and 181 of title 19 of the Code 

of Federal Regulations (19 CFR parts 

103, 178, and 181) are amended as set 

forth below. 

PART 103—AVAILABILITY OF 

INFORMATION 

■ 1. The authority citation for part 103 

continues to read in part as follows: 

Authority: 5 U.S.C. 301, 552, 552a; 19 

U.S.C. 66, 1624; 31 U.S.C. 9701. 

* * * * * 

§ 103.1 [Amended] 

■ 2. Amend § 103.1 by removing the 

address citation ‘‘New York, 6 World 

Trade Center, New York, New York 

10048’’ and adding in its place the 

address citation ‘‘New York, One Penn 

Plaza, 10th Floor, New York, NY 

10119.’’

PART 178—APPROVAL OF 

INFORMATION COLLECTION 

REQUIREMENTS 

■ 3. The authority citation for part 178 

continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 

U.S.C. 3501 et seq. 

§ 178.2 [Amended] 

■ 4. Amend § 178.2 by removing the 

entries for §§ 12.130(c) and 12.132. 

PART 181—NORTH AMERICAN FREE 

TRADE AGREEMENT 

■ 5. The authority citation for part 181 

continues to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1624, 3314. 

* * * * * 

■ 6. In § 181.21: 

■ a. Paragraph (a) is revised. 

■ b. Paragraph (b) is amended by 

removing the word ‘‘Customs’’ and, in 

its place, adding the term ‘‘CBP’’. 

§ 181.21 Filing of claim for preferential 

tariff treatment upon importation. 

(a) Declaration. In connection with a 

claim for preferential tariff treatment, or 

for the exemption from the merchandise 

processing fee, for a good under the 

NAFTA, the U.S. importer must make a 

formal declaration that the good 

qualifies for such treatment. The 

declaration may be made by including 

on the entry summary, or equivalent 

documentation, including electronic 

submissions, the symbol ‘‘CA’’ for a 

good of Canada, or the symbol ‘‘MX’’ for 

a good of Mexico, as a prefix to the 

subheading of the HTSUS under which 

each qualifying good is classified. 

Except as otherwise provided in 19 CFR 

181.22 and except in the case of a good 

to which Appendix 6.B to Annex 300- 

B of the NAFTA applies (see also 19 

CFR 102.25), the declaration must be 

based on a complete and properly 

executed original Certificate of Origin, 

or copy thereof, which is in the 

possession of the importer and which 

covers the good being imported. 

* * * * * 

§ 181.22 [Amended] 

■ 7. In § 181.22: 

■ a. Paragraph (b) introductory text is 

amended by removing the word 

‘‘Customs’’ the first instance it appears 

and, in its place, adding the term 

‘‘CBP’’. 

■ b. In paragraph (b)(1), the three 

references to ‘‘Customs Form 434’’ are 

removed and references to ‘‘CBP Form 

434’’ are added in their place; the 

reference to the ‘‘Office of Field 

Operations, U.S. Customs Service’’ is 

removed and the reference ‘‘Office of 

International Trade, U.S. Customs and 

Border Protection’’ is added in its place. 

■ c. Paragraph (b)(4) is amended by 

removing the word ‘‘Customs’’ and, in 

its place, adding the term ‘‘CBP’’. 

■ d. Paragraph (d)(1)(iii) is amended by 

removing the phrase ‘‘of a good whose 

value’’, and the phrase ‘‘for which the 

total value of originating goods’’ is 

added in its place. 

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Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations 52783 

§ 181.74 [Amended] 

■ 8. In § 181.74: 

■ a. Paragraph (a) is amended by 

removing the citation to 

‘‘181.72(a)(2)(iii)’’ and adding in its 

place the citation to ‘‘181.72(a)(3)(iii)’’, 

and by removing the word ‘‘Customs’’

and, in its place, adding the term 

‘‘CBP’’. 

■ b. Paragraphs (b) and (c) are amended 

by removing the term ‘‘Customs’’ each 

place it appears and, in its place, adding 

the term ‘‘CBP’’. 

■ c. In paragraph (d) introductory text, 

the reference to ‘‘Customs officer’’ is 

removed and the term ‘‘CBP officer’’ is 

added in its place; and the two 

references to ‘‘Customs’’ which follow 

are removed and in each instance the 

term ‘‘CBP’’ is added in its place. 

■ d. Paragraph (e)(1) is amended, in the 

second sentence following the heading, 

by removing the word ‘‘Customs’’ and, 

in its place, adding the term ‘‘CBP’’, and 

by removing the address citation 

‘‘Project North Star Coordination Center, 

P.O. Box 400, Buffalo, New York 14225–

0400’’, and, in its place, adding the 

address citation ‘‘U.S. Customs and 

Border Protection, Office of 

International Trade, Commercial 

Targeting and Enforcement, 1300 

Pennsylvania Ave., NW., Washington, 

DC 20229’’. 

■ e. Paragraph (e)(2) is amended by 

removing the phrase ‘‘Customs may’’, 

and adding in its place the phrase ‘‘CBP 

may’’. 

§ 181.93 [Amended] 

■ 9. In § 181.93: 

■ a. In paragraph (a), the two references 

to ‘‘Commissioner of Customs’’ are 

removed and in each instance references 

to ‘‘Commissioner of U.S. Customs and 

Border Protection’’ are added in its 

place, and the address citation 

‘‘National Commodity Specialist 

Division, United States Customs 

Service, 6 World Trade Center, New 

York, NY 10048’’ is removed and the 

address citation ‘‘National Commodity 

Specialist Division, U.S. Customs and 

Border Protection, One Penn Plaza, 10th 

Floor, New York, NY 10119’’ is added 

in its place. 

■ b. Paragraphs (b)(1)(i), (b)(1)(ii), (b)(3), 

(b)(4), (b)(5)(i)(A), and (d) are amended 

by removing the word ‘‘Customs’’ each 

place it appears and, in its place, adding 

the term ‘‘CBP’’. 

Jayson P. Ahern, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

Approved: September 10, 2007. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 07–4551 Filed 9–14–07; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. 2006P–0487] 

Food Labeling; Health Claims; Dietary 

Noncariogenic Carbohydrate 

Sweeteners and Dental Caries 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Interim final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing this 

interim final rule to amend the 

regulation authorizing a health claim on 

noncariogenic carbohydrate sweeteners 

and dental caries, i.e., tooth decay, to 

include isomaltulose, a noncariogenic 

sugar. FDA is taking this action in 

response to a health claim petition 

submitted on behalf of Cargill, Inc. 

Based on the totality of publicly 

available scientific evidence, FDA now 

has determined that the nutritive 

sweetener isomaltulose, like other 

noncariogenic carbohydrate sweeteners 

listed in the dental caries health claim 

regulation, is not fermented by oral 

bacteria to an extent sufficient to lower 

dental plaque pH to levels that would 

contribute to the erosion of dental 

enamel. Therefore, FDA has concluded 

that isomaltulose does not promote 

dental caries, and it is amending the 

regulation authorizing a health claim 

relating certain noncariogenic 

sweeteners and the nonpromotion of 

dental caries to include isomaltulose as 

a substance eligible for the claim. 

DATES: This interim final rule is 

effective September 17, 2007. Submit 

written or electronic comments by 

December 3, 2007. 

ADDRESSES: You may submit comments, 

identified by Docket No. 2006P–0487, 

by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following ways: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web site: http:// 

www.fda.gov/dockets/ecomments. 

Follow the instructions for submitting 

comments on the agency Web site. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier [For 

paper, disk, or CD–ROM submissions]: 

Division of Dockets Management (HFA–

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

To ensure more timely processing of 

comments, FDA is no longer accepting 

comments submitted to the agency by email. FDA encourages you to continue 

to submit electronic comments by using 

the Federal eRulemaking Portal or the 

agency Web site, as described 

previously, in the ADDRESSES portion of 

this document under Electronic 

Submissions. 

Instructions: All submissions received 

must include the agency name and 

Docket No. 2006P–0487 for this 

rulemaking. All comments received may 

be posted without change to http:// 

www.fda.gov/ohrms/dockets/ 

default.htm, including any personal 

information provided. For additional 

information on submitting comments, 

see the ‘‘Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.fda.gov/ohrms/dockets/ 

default.htm and insert the docket 

number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Jillonne Kevala, Center for Food Safety 

and Applied Nutrition (HFS–830), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740–

3835, 301–436–1450. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Nutrition Labeling and Education 

Act of 1990 (the 1990 amendments) 

(Pub. L. 101–535) amended the Federal 

Food, Drug, and Cosmetic Act (the act) 

in a number of important respects. One 

aspect of the 1990 amendments was that 

they clarified FDA’s authority to 

regulate health claims on food labels 

and in food labeling. 

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